OST-99-5163
Served March 11, 1999
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OST Docket Filings for March 12, 1999 |
Last Updated 03/19/99 05:39 PM
Applications and Renewals:
Commander Mexicana | IATA | Nova - Amendment | Virgin - O'Hare Slots
Answers and Replies:
Canadian - Reply of Canadian O'Hare Slots | CRS | Delta/Austrian/Sabena/Swissair - Answer of Delta
Fine and Arrow - Answer of Gemini | Northwest v. EU
Notices of Action Taken:
Delta - Tokyo Dormancy | Japan Asia Airways | Luxair
Notices and Orders:
AIA - Order Reissuing Certificates | IATA
American International Airways, Inc.
| Order 99-3-8 OST-99-5163 |
Issued March 10, 1999 Served March 11, 1999 |
Order Reissuing Certificates |
Interstate and Foreign Scheduled Air Transportation |
AIA's interstate scheduled passenger and cargo authority was reissued by Orders 93-5-22 and 98-7-6. (See Order 97-11-8 for a history of AIA's interstate certificate authority.) In addition, AIA holds the following authorities to engage in foreign scheduled cargo air transportation: Certificates authorizing service between (1) Miami and Manaus, Sao Paulo, Recife and Rio de Janeiro, Brazil, via Bogota, Colombia (Order 96-6-12--Route 695); and (2) the U.S. and Australia, New Zealand, Taiwan, Hong Kong, Singapore, Indonesia, Costa Rica, Colombia, Belize, El Salvador, Guatemala, Honduras, Nicaragua, and Panama (Order 95-9-23 as amended by Orders 97-10-8 and 97-11-2--Route 677); Exemptions authorizing service between (1) Miami and Quito and Guayaquil, Ecuador; (2) New York and Porto Alegre and Belo Horizonte, Brazil; (3) Honolulu and Guam, on the one hand, and Jakarta, Indonesia, on the other, via Melbourne, Australia; and (4) Miami and Caracas and Valencia, Venezuela; and Statements of authorization for long-term wet-lease service to Iberia, TACA, NICA. AVIATECA, and FAST AIR. (b) Order 96-6-12, a five-year experimental certificate authorizing the holder to engage in air transportation of property and mail between Miami and the coterminal points of Manaus, Sao Paulo. Recife, and Rio de Janeiro, Brazil, via Bogota, Colombia (Route 695): and (c) Order 95-9-23, as amended by Orders 97-10-8 and 97-11-2, authorizing the holder to engage in air transportation of property and mail between a point or points in the U. S and a point or points in Australia, New Zealand, Taiwan, Hong Kong, Singapore, Indonesia, Costa Rica, Colombia. Belize, El Salvador. Guatemala Honduras, Nicaragua, and Panama (Route 677). At the time of renewal, exemption authority and/or statements of authorization, if any, held by American International Airways, Inc., will be reissued in the name Kitty Hawk International, Inc. d/b/a American International Airways.
By: John Coleman
Canadian Airlines International Ltd.
| OST-99-5115 | March 12, 1999 | Motion for Leave to File and
Reply of Canadian Airlines |
High Density Rule - Chicago O'Hare |  HTML |
Canadian's forecast for the Edmonton-Chicago route predicts, at a minimum, an average load factor of approximately 71 .5%. This estimate is conservative, not taking into account the fact that Chicago is the most ideal gateway for Edmonton traffic connecting through Chicago to the mid-west and all points south, east and west of Chicago. To this extent, introduction of Canadian's proposed service will enable U.S. and Canadian passengers to connect to fifty-three (53) markets in the winter and sixty-two (62) markets in the summer. Such drastic improvement in service clearly meets the exceptional circumstance criteria required for obtaining exemptions under the new entrant exception. Further, Canadian Airlines' projected traffic forecasts for the Edmonton-Chicago service are 29 passengers per day in the winter and 46 passengers per day in the summery In addition, Canadian Airlines' projected traffic forecasts for passengers using Chicago as a gateway to other U.S. destinations are 311.5 passengers per day in winter and 350.15 passengers per day in summer. Accordingly, Canadian predicts that over 120,000 passengers will travel to or through Chicago from Edmonton each year.
Counsel: Condon Forsythe, Thomas Whalen, 202-289-0500
Commander Mexicana, S.A. de C.V.
| OST-97-2245 | March 12, 1999 | Application for Renewal of
Exemption |
Mexico-US Charter |
| Exhibit A: Changes in Operations | |||
| Exhibit B-1: Ownership | |||
| Exhibit B-2: Ownership of Fiusa Pasteje, S.A. de C.V. | |||
| Exhibit C: Fleet | |||
| Service List |
The ownership of Commander Mexicana changed recently with the shift of shareholder interests within the IUSA family of companies. Commander Mexicana remains, however, a privately held company that is 100% owned and controlled by Mexican citizens. The current ownership of Commander Mexicana is shown in Exhibit B. In addition, since Commander Mexicana is principally owned by four corporations, Exhibit B also sets forth the ownership information for those companies.
Counsel: Roller & Bauer, Lee Bauer, 202-331-3300
Complaint Against the Council of the European Union and the Governments of the 15 EU Member States
| OST-99-5011 | Dated March 5, 1999 Docketed March 12, 1999 |
Ex Parte Letter to Mr. K-H
Neumeister |
Complaint of Northwest Airlines against The European Communities |
Ex Parte Letter to Mr. K-H Neumeister from Charles A. Hunnicutt, Assistant Secretary
for Aviation and International
Affairs regarding a complaint filed by Northwest Airlines.
By: Charles Hunnicutt
Computer Reservation System Regulations
Editor's Note: The Docket Section is NOT required to release comments to the public when filed - there will, no doubt, be other comments filed in this Docket. Will post on Monday
| OST-99-5132 | March 12, 1999 | Comments of Amadeus
Global Travel Distribution |
CRS Regulations Extension |
Counsel: Steptoe Johnson, David Coburn
| OST-99-5132 | March 12, 1999 | Comments of America
West Airlines |
CRS Regulations Extension |
Counsel: Baker Hostetler, Joanne Young
| OST-99-5132 | March 12, 1999 | Comments of The Association of Asia Pacific Airlines |
CRS Regulations Extension |
By: Global Aviation Associates, Melissa Loughlin, 202-457-0212
| OST-99-5132 | March 12, 1999 | Comments of Worldspan |
CRS Regulations Extension |
Extending the mandatory participation rule to system marketers would be a straightforward. pro-competitive step that the Department could take before it completes its reexamination of the CRS rules. Indeed, this issue is much less complex and much more easily addressed than either the booking fee issue or the subscriber agreement issue that are the subjects, respectively, of the America West Motion and the ARTA Emergency Petition, to which the Department refers in its NPRM.
Counsel: Worldspan and Zuckert Scoutt, Charles Simpson, 202-298-8660
| OST-98-3419 | Filed March 3, 1999 Issued March 12, 1999 |
 Notice of Action Taken |
Honolulu-Tokyo Waiver of Dormancy Condition |
By: Paul Gretch
| OST-97-2344 OST-97-2972 OST-99-5169 OST-99-5171 OST-99-5170 OST-97-2778 |
March 12, 1999 | Consolidated Reply of Delta
Air Lines to Joint Answer of Northwest and KLM |
Renewal of Exemption and Codeshare Authority; Blanket Codeshare Authority |
The Department's policy is to evaluate each application for code-share authority on a case-by-case basis, and there is no basis to link Delta's alliance renewal applications to the pending Northwest/KLM applications. The Department apparently has some reason(s) for not yet acting on the Northwest/KLM Application. Those reasons are not known to Delta and have no relevance to Delta's renewal requests. It is inappropriate for Northwest and KLM to attempt to delay the orderly processing of Delta's code-share renewals through the submission of an irrelevant responsive pleading, especially in light of Northwest/KLM's non-opposition to the applications. Northwest and KLM are free to communicate their concerns directly to the Department without interfering with Delta's applications.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
Fine Air Services Corp. and Arrow Air, Inc. / Fine Air Services, Inc.
| OST-99-5140 OST-99-5196 OST-97-2162 |
March 12, 1999 | Answer of Gemini Air
Cargo |
Approval of a Route Transfer; Exemption Renewal | HTML |
The Department of Transportation should not approve the above--captioned Joint Applications of Fine Air Services Corporation and Arrow Air, Inc., for transfer of route authority, and for an exemption to permit Fine Air to acquire Arrow immediately, unless and until the Department determines that the consolidation of route authority to the eighteen countries to which Fine Air and Arrow both hold authority would not jeopardize the ability of another U.S. air carrier, such as Gemini Air Cargo, Inc., to operate to each of those countries. The approval of the Joint Applications in question would result in one aviation enterprise -- Fine Air Services Corp., owning and operating both Fine Air Services, Inc. and Arrow Air, Inc.
Counsel: Roller & Bauer, Moffett Roller, 202-331-3300
| OST-99-5111 | Filed February 12, 1999 Issued March 11, 1999 |
Notice of Action Taken |
Nogoya-Guam/Saipan |
Exemption from 49 U.S.C. § 41301 to engage in scheduled foreign air transportation of persons, property and mail between Nagoya, Japan, and Guam and Saipan.
By: Paul Gretch
| OST-99-5167 | Filed March 1, 1999 Issued March 11, 1999 |
Notice of Action Taken |
Luxembourg-US-Beyond |
Exemption from 49 USC section 41301 to permit the applicant to conduct, for a period of one year: A) scheduled combination services from points behind Luxembourg via Luxembourg and intermediate points to a point or points in the United States and beyond; and scheduled all-cargo services between the United States and any point or points; and B) charter operations, carrying persons, property and mail, between any point or points in Luxembourg and any point or points in the United States; and between any point or points in the United States and any point or points in a third country or countries, provided that, except with respect to cargo charters, such service constitutes part of a continuous operation, with or without a change of aircraft, that includes service to Luxembourg for the purpose of carrying local traffic between Luxembourg and the United States. (The applicant proposes to conduct its U.S. operations using equipment wet leased from City Bird, a carrier of Belgium.)
By: Paul Gretch
| OST-99-5238 | March 12, 1999 | Re: Application to Amend
Statement of Authorization |
Long-Term Wet Lease to Premiair |
Nova Airlines AB ("Novair") hereby applies to amend its Statement of Authorization (98-127) granted March 6, 1999, which permits Novair to operate long-term wet lease services on behalf of Premiair A/S ("Premiair"), a Danish-certificated air carrier. The flights to be operated under the extension of the long-term wet lease agreement involve roundtrip passenger charters between Scandinavia and Miami, Florida. Novair seeks to extend the expiration date of its Statement of Authorization for an additional year from April 1, 1999 to March 31, 2000. Novair operates three flights weekly between points in Scandinavia (Stockholm-Arlanda, Oslo and Copenhagen) and Miami. All flights are operated on a roundtrip basis under Premiair's current U.S. exemption authority. Novair operates the wet lease flights using Lockheed L1011-500 aircraft. Each aircraft is configured for two classes of service with seating for up to 310 passengers. Novair retains operational control of the aircraft at all times.
Counsel: Zuckert Scoutt, Malcolm Benge
Virgin Atlantic Airways Limited
| OST-99-5239 | March 12, 1999 | Application for an Exemption |
High Density Rule - Chicago O'Hare | HTML |
| Service List |
Virgin, had believed that it would be premature to participate in the normal slot allocation process -- conducted last year -- so far in advance of its receipt from U.K. authorities of a formal designation. Accordingly, on March 9, 1999, Virgin submitted to the Federal Aviation Administration a request for slots at Chicago O'Hare to accommodate its new service to Chicago beginning August 11, 1999, and continuing until October 31, 1999 -- the end of the 1999 summer season. Specifically, Virgin requested an arrival slot at 6:10 p.m. and a departure slot at 10:00 p.m. The FAA notified Virgin on March 9, 1999, that it would not be able to accommodate Virgin' request for slots. Virgin hopes to inaugurate daily roundtrip combination service between Chicago O'Hare International Airport and London's Heathrow Airport beginning on August 11, 1999, and ending October 31, 1999.
Counsel: Virgin and Wilmer Cutler, Jeffrey Shane, 202-663-6000
International Air Transport Association
| OST-99-5221 | March 12, 1999 | Application for Approval
of Agreement |
TC2 ME-AFR 0026 dated 12 March 1999 Mail Vote 988 - TC2 Middle East-Africa
Expedited Resolution 010b Intended effective dates: 1 April/1 May 1999. |
TC Members met 15-16 February 1999 to develop a new fares package for the TC2 Middle East-Africa sub-area for intended effect 1 October 1999 through 30 April 2000. Certain changes were proposed to the current agreement for expedited effectiveness 1 April and 1 May 1999. As a quorum was not achieved at this meeting and in accordance with Section VI, Paragraph 9 of the Provisions for the conduct of the IATA Traffic Conferences, the policy group developed recommendations for adoption by the Conference by this Mail Vote.
Counsel: IATA, David O'Connor
| OST-99-5136 OST-99-5138 |
Filed 2/23/99 Filed 2/23/99 |
Notice of Approval |
Approved 2/24/99 Approved 2/24/99 |
| OST-99-5189 OST-99-5190 |
Filed 3/2/99 Filed 3/2/99 |
Notice of Approval |
Approved 3/5/99 Approved 3/5/99 |
By: Paul Gretch
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